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Suspended sentences, also known as suspended sentencing, refer to the first announcement of conviction of perpetrators who have violated the criminal law and have been confirmed through legal procedures to have constituted a crime and should be punished by criminal punishment, and temporarily not enforce the sentence imposed. A system in which a specific investigation body conducts an examination of the convict within a certain period of probation, and decides whether to apply a specific punishment in accordance with law on the basis of the offender's performance during the probationary period. If the offender commits another crime during the probationary period of probation, the suspended sentence shall be revoked and the punishment for multiple crimes shall be combined.
The legal basis is Article 77 of China's Criminal Law: Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the judgment is announced, the suspended sentence shall be revoked, a judgment shall be made on the new crime or the newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of Article 69 of this Law. Legal basis:
Article 77 of the Criminal Law of the People's Republic of China: Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the judgment is announced, the suspended sentence shall be revoked, a judgment shall be made on the newly committed crime or the newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law. Criminals who have been given a suspended sentence shall have the suspended sentence revoked and the original sentence enforced if they violate laws, administrative regulations, or relevant departments' provisions on the supervision and management of suspended sentences, or violate the injunction in the people's court's judgment, and the circumstances are serious.
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No, if a criminal who has been given a suspended sentence violates laws, administrative regulations, or the public security organs' provisions on the supervision and management of suspended sentences during the probationary period of the suspended sentence, and the circumstances are serious, the suspended sentence shall be revoked and the original sentence enforced.
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Legal Analysis: Criminals sentenced to 3 years in prison can apply for probation. In accordance with the provisions of law, a person who has been sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if the circumstances of the crime are relatively minor, there is an expression of remorse, there is no danger of committing another crime, and the suspended sentence has no major negative impact on the community in which they live.
Legal basis: Criminal Law of the People's Republic of China Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if they meet the following conditions at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:
1) The circumstances of the crime are relatively minor;
2) Expressions of remorse;
3) There is no risk of recidivism;
4) The probation is declared to have no significant adverse impact on the community in which the person resides.
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Criminals sentenced to 3 years imprisonment may be given a suspended sentence if they meet the requirements for a suspended sentence. The conditions for a suspended sentence are as follows: 1. The criminal is sentenced to short-term detention or fixed-term imprisonment of not more than three years.
2. The circumstances of the crime are relatively minor. 3. Showing remorse. 4. There is no danger of reoffending.
5. The probation has no significant adverse impact on the community in which it resides. On the basis of meeting the conditions for a suspended sentence, a suspended sentence shall be announced if the person is under the age of 18, a pregnant woman, or a person who has reached the age of 75.
Article 72 of the Criminal Law: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for those who are under the age of 18, women who are pregnant, and those who have reached the age of 15: (1) The circumstances of the crime are relatively minor; 2) Expressions of remorse; 3) There is no risk of recidivism; 4) The probation is declared to have no significant adverse impact on the community in which the person resides. The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.
If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.
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